Nexvet Biopharma plc - FORM S-1 - EX-10.9 - December 30, 2014

Attached files

file filename
S-1 - FORM S-1 - Nexvet Biopharma plcd775834ds1.htm
EX-10.18 - EX-10.18 - Nexvet Biopharma plcd775834dex1018.htm
EX-4.2 - EX-4.2 - Nexvet Biopharma plcd775834dex42.htm
EX-10.12 - EX-10.12 - Nexvet Biopharma plcd775834dex1012.htm
EX-10.4 - EX-10.4 - Nexvet Biopharma plcd775834dex104.htm
EX-99.1 - EX-99.1 - Nexvet Biopharma plcd775834dex991.htm
EX-10.16 - EX-10.16 - Nexvet Biopharma plcd775834dex1016.htm
EX-10.13 - EX-10.13 - Nexvet Biopharma plcd775834dex1013.htm
EX-10.7 - EX-10.7 - Nexvet Biopharma plcd775834dex107.htm
EX-4.3 - EX-4.3 - Nexvet Biopharma plcd775834dex43.htm
EX-21.1 - EX-21.1 - Nexvet Biopharma plcd775834dex211.htm
EX-10.11 - EX-10.11 - Nexvet Biopharma plcd775834dex1011.htm
EX-10.8 - EX-10.8 - Nexvet Biopharma plcd775834dex108.htm
EX-3.2 - EX-3.2 - Nexvet Biopharma plcd775834dex32.htm
EX-10.14 - EX-10.14 - Nexvet Biopharma plcd775834dex1014.htm
EX-10.5 - EX-10.5 - Nexvet Biopharma plcd775834dex105.htm
EX-10.15 - EX-10.15 - Nexvet Biopharma plcd775834dex1015.htm
EX-16.1 - EX-16.1 - Nexvet Biopharma plcd775834dex161.htm
EX-10.19 - EX-10.19 - Nexvet Biopharma plcd775834dex1019.htm
EX-10.2 - EX-10.2 - Nexvet Biopharma plcd775834dex102.htm
EX-10.10 - EX-10.10 - Nexvet Biopharma plcd775834dex1010.htm
EX-10.6 - EX-10.6 - Nexvet Biopharma plcd775834dex106.htm
EX-10.1 - EX-10.1 - Nexvet Biopharma plcd775834dex101.htm
EX-3.1 - EX-3.1 - Nexvet Biopharma plcd775834dex31.htm
EX-23.2 - EX-23.2 - Nexvet Biopharma plcd775834dex232.htm
EX-10.3 - EX-10.3 - Nexvet Biopharma plcd775834dex103.htm
EX-10.17 - EX-10.17 - Nexvet Biopharma plcd775834dex1017.htm

Exhibit 10.9

 

Confidential   LOGO

AMENDMENT No. 1

TO

the AGREEMENT

dated 16 December 2013

between

LONZA SALES AG

and

NEXVET BIOPHARMA PTY LTD

(NV02)

Schedule 2

9 Stage 9 ***

Schedule 3

Price and Payment

 

*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.

Confidential   LOGO

 

THIS AMENDMENT is made the 17 day of June 2014

BETWEEN

 

1. LONZA SALES AG, of Muenchensteinerstrasse 38, Ch-4002 Basel, Switzerland (“Lonza”) and

 

2. NEXVET BIOPHARMA PTY LTD, of Level 8, 31 Queen Street, Melbourne, 3000, Victoria, Australia (“Customer”).

WHEREAS

 

A. Customer and Lanza entered into an agreement dated 16 December 2013 referring to NV-02, (the “Agreement”), under which Lonza is required to perform Services relating to the Cell line and Product described.

 

B. Customer would like Lonza to carry out additional activities under the Agreement.

 

C. Lonza is prepared to perform the additional activities.

NOW THEREFORE it is agreed hereby by the parties to amend the Agreement and perform additional services as follows:

Confidential   LOGO

 

1. Schedule 2 of the Agreement shall be amended to include the following Stage 9.

SCHEDULE 2

***

 

*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.

Confidential   LOGO

 

2. Schedule 3 of the Agreement shall be amended by the addition of the following provisions in respect of the additional Stages contained in this Amendment No. 9:

SCHEDULE 3

PRICE AND TERMS OF PAYMENT

 

1. Price

In consideration for Lonza performing the Services as detailed in Schedule 2 Customer shall pay Lonza as follows:

 

Stage

    Price (US £ Sterling)  

Stage 9 ***

    £ * **(1) 

Notes:

 

  (1) As described in Clause 4 — “Delivery, Transportation of Product and Customer Tests” of the Agreement, additional costs and expenses incurred by Lonza in arranging insurance and transportation in order to ship samples, Product, and Cell Line shall be charged to Customer in addition to the price.

 

2. Payment

Payment by Customer of the Price for each Stage shall be made against Lonza’s invoices as follows:

 

2.1 For Stage 9

***% upon commencement

***% upon issue of the statement of testing.

 

*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.

Confidential   LOGO

 

3. Save as herein provided all other terms and conditions of the Agreement shall remain in full force and effect.

AS WITNESS WHEREOF the parties have caused this Amendment No. 1 to be executed by their representatives thereunto duly authorised as of the day and year first written.

 

NEXVET BIOPHARMA PTY LTD     LONZA SALES AG
Signature:   /s/ David Gearing     Signature:   /s/ Sven Frie
Printed Name:   David Gearing     Printed Name:   Sven Frie
Title:   Chief Scientific Officer     Title:   Director, Sales & Business Dev.
13 Jun 2014     17-June- 2014
      Signature:   /s/ Nadia Zieger
      Printed Name:   Nadia Zieger
      Title:   Legal Counsel

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